. 1^ 



f 



I*** — MimoXMI t ^,, 

NORTHERN INDIANA ! 



HISTORICAL SOCIETY. 
^» - ♦ 



THE REVISED SCHOOL LAW 

OF 

THE STATE OF INDIANA; 

APPROVED MARCH 5, 1S55. 

WITH 

BLANK FORMS, SUPPLEMENTARY COMMENTS, AiXD 
SUGGESTIONS, FOR THE USE AND GOVERNMENT 

OF 

SCHOOL OFFICERS. 



PREPAltEl) BY THE 

SUPEKINTENDINT OF PUBLIC INSTRUCTION. 



THE REYISED SCHOOL LAW 



OP 



THE STATE OF INDIANA; 



APPEOYED MAECH 5, 1855, 



WITH 



BLANK FOEMS, SUPPLEMENTAEY COMMENTS, AND 
SUGGESTIONS, FOR THE USE AND GOVERNMENT 



OP 



SCHOOL OFPICERS. 



PREPARED BY THE 

SUPERINTENDENT OF PUBLIC INSTRUCTION 



JL 



ootr-<a^,c-- 



INDIANAPOLIS; 

ABSTrW 51. BROWN, STATE PRINT KK. 

1855. 






m ixcH'fCi 






0^ 



^ 



Department of Public Instruction, ? 
Indianapolis, May 1, 1855. J 

To School Officers and others charged icith executive functions 

In the Educational Department : 

Gentlemen — In accordance witli the requisitions of the 123d section of this Act, 
and in the exercise of the authority thereby vested in the Superintendent, the follow- 
ing explanatory suggestions, forms and directions have been prepared, intended to 
remove doubt and obscurity in reference to your official duties and exhibit the true 
import and intent of our Educational Statute. It is hoped that your experience may 
prove that the wish and purpose, in compiling these forms, instructions and comments, 
to leave nothing essential to a proper understanding of the law, unnoticed or unex- 
plained, have not been altogether fruitless. The side notes and copious index to the 
statutory provisions, and the supplementary appendages of this edition of the Eevised 
School Law, will enable any one interested in them, to find with ease any subject 
properly embraced therein. 

It is confidently believed that most of the changes that three year's experience has shown 
to be desirable, will be found to be embodied in the present statute, leaving but little to 
be supplied by future legislation, and that the legitimate action of the revised law will 
prove it to be a decided and important improvement over any previous educational 
code in this Commonwealth. It is not perfect, but it is in close and intimate connec- 
tion with the progress of the age, and not a little in advance, in divers particulars, of 
the educational systems of some of the older members of this Union. An honest, 
prompt, and hearty co-operation of our various educational functionaries cannot fail to 
develop its merits, and commend it to the cordial approval and support of the people 
of Indiana. 

Yours, truly, 

CALEB MILLS, Superintrndtnl. 



C|e ^eljisrt Sc|00l f ato 



OF 



INDIANA. 

APPKOVED MARCH 5, 1855. 



AN ACT 

To provide for a general system of Common Schools, the Officers tfiereof, 
and their respective powers and duties, and matters properly connected 
therewith, and to establish Township Libraries, and for the regvlaiion 
thereof. 

EDUCATIONAL FUNDa 

Section 1. Be it enacted hy the General Assembly Tax, 
of the State of Indianoj^ That there shall be annually 
assessed and collected, as the State and county revenues 
are assessed and collected, on the list of property taxa- 
ble for State purposes, the sum of ten cfents on each one 
hundred dollars worth of property, and fifty cents on each 
poll : Provided^ hovjever^ that the taxes aforesaid shall provfs*^ 
not be levied and collected from negroes nor mulattoes, 
nor shall their children be included in any enumeration 
required by this act, nor entitled to the benefits thereof. 

Sec. 2. The funds heretofore known and designated what to 
as the surplus revenue fund, all fund heretofore appro- J^h^fJu^* 
priated to common schools, the saline fupd, the bank 
tax /und, the fund which has been or may be derived 
from the sale of the county seminaries and the property 
belonging thereto, the moneys and property heretofore 
held for such seminaries, all fines assessed for breaches 
of the penal laws of this State, all forfeiture which may 
accrue, all lands and other estate which shall escheat to 
the State for want of heirs or kindred entitled to the in- 
heritance, all lands which have been or may be hereafter 
granted to the State, when no special object is expressed 



COMMON SCHOOLS. 



Applied to tui- 
tion onlj. 



Countlos Ji;ii)lo 
for fuii(L 



in the grant, and the proceeds of the sales thereof, in- 
cluding the proceeds of the sales of the swamp lands 
granted to the State of Indiana by the act of Congress 
of the 28th September, 1850, after deducting the ex- 
penses of selecting and draining the same, the taxes 
which may from time to time be assessed upon the pro- 
perty of corporations for common school purposes, the 
fund arising from the 114th section of the charter of the 
State Bank of Indiana, and unclaimed fees as provided 
by law, shall be denominated the common school fund, 
the income of which, together with the taxes mentioned 
and specified in the first section of this act, shall be ap- 
plied exclusively to furnishing tuition in the common 
schools of the State. 

Sec. 3. The several counties of this State shall be 
held liable for the preservation of so much of the said 
fund as is entrusted to them, and for the payment of the 
annual interest thereon at the rate established by law. 



CORPORATIONS. OFFICERS A.M) DUTIKS. 



Civil townahipa 
to bo achool 
townships. 



l;'hjt:e« of clerk. 



Bond of treasur- 
er. 



Duliaa of trea*;- 
omr. 



Doty of board. 



Sec. 4. Each civil township in the several counties 
in this State is hereby declared a township for school 
purposes, and the trustees for such townships, trustees 
for school purposes, and their clerk and treasurer shall 
be the clerk and treasurer for school purposes. 

Sec. 5. The clerk shall keep a record of the pro- 
ceedings of the board of trustees, and discharge such 
duties as may fi-om time to time be required of him. 

Sec. 6. The treasurer shall give an official bond for 
the use of the township, to be approved by the board, 
in such sum and with such security as the board may 
require, which bond shall be filed in the office of the 
Clerk of the Circuit Court, and by him shall be recorder! 
in the record of official bonds. 

Sec. 7. The treasurer shall receive all moneys be- 
longing or which may be apportioned to his township, 
and pay out the same upon the orders of the board. 
He shall keep accurate accounts of his receipts and ex- 
penditures, and settle with the board at least once in 
each year, and as often as they may require. And, 
upon the failure of any such treasurer to discharge any 
of the duties enjoined on him by law, the trustees shall 
cause suit to be instituted against him. on his official 
bond ; and in case of recovery against him, the Court 
rendering judgment shall assess upon the amount there- 
of ten per cent, damages, to be included in said judg- 
ment. 

Sec. 8. The board of trustees shall take charge of 



COMMON SCHOOLS. i 

the educational afiairs of the township, employ teachers, 
subject to the provisions hereafter mentioned, and shall 
establish and conveniently locate a sufficient number of 
schools for the education of the children therein. They 
may also establish graded schools, or such modifications 
of them as may be practicable. 

Sec. 9. They shall have power to levy a tax in their Trustees to ievy» 

T . n L^ L L' ^ • i^ tax for constriio 

respective townships lor the construction and repair oi tion and repair of 
school houses, and for the providing of furniture and school h»ui««. 
fuel therefor; but no such tax shall exceed the sum of 
twenty-five cents on each one hundred dollars of pro- 
perty, and fifty cents on each poll, in any one> year, and 
they may credit each tax-payer upon such levy with credit on dona- 
two-thirds of any tax paid, or donation made for the yS^pre^S<,u'/to 
building of school houses, within five years prior to the ^''^"■ 
taking efiect of the act of 14 June, 1852; and they Extra tax to u 
shall levy taxes to pay any amounts due for the erection JontSti^under 
of school houses, which were in whole or in part erected former law. 
under the previous of an act entitled "An act to pro- 
vide for a general and uniform system of common schools 
and school libraries, and matters properly connected 
therewith," approved June 14, 1852. And any tax- Donations r«e.3iv- 
payer who may choose to pay to the treasurer of the Juturo'^/x^fSr&E^ 
township wheiein said tax-payer has property liable to 
taxation, any amount of money, or furnish building 
materials for the construction of school houses, or furni- 
ture, or ftiel therefor, shall be entitled to a receipt from 
the trustees of said township, which shall exempt such 
tax-payer from any further taxes for said purposes until . 
the taxes of such tax-payer, levied for said purposes, 
would, if not thus paid, amount to the sum or value of 
the materials so paid: Provided^ that said building ma- proviso. 
terials or furniture and fuel shall only be received at the 
option of the proper township trustees. 

Sec. 10. The trustees shall, on or before the t wen- Enumeration, 
tieth day of September in each year, make an enumera- 
tion of the children within their respective townships, 
distinguishing those between the ages of five and twenty- 
one, and the sex to which such children belong, and 
excluding married persons, and at the time of making Dtatncta eiectjvf^ 
the first enumeration hereafter shall inquire of the par- notinnlioh'* 
ents or guardians of such children, or persons having 
charge of them, to which school they desire to attach 
themselves; and upon making their selection, such per- 
sons shall be considered as forming the district or asso- 
ciation for school purposes of the school selected, and no 
one shall be allowed thereafter to attach themselves to, 
or have the privilege of any other school, but by the 
consent of the trustees, for good cause shown. 



receipts giVBD 
tlierelor. 



S COMMON SCHOOLS. 

Report contain- Sec. 11. In makiDg the enumeration of the children, 
^oAhSd^nXad the trustee making the same shall specify the congres- 
S^bTn t^Tbe sional .township in which such children reside, and in 
fiW with county making report of such enumeration, the number of chil- 
di*en in each congressional township shall be set out, 
which report shall be filed with the proper county auditor 
on or before the first day of October in each year. 
.Number of child- Sec. 12. When a congressioual township is located 
S"a^dlto?^°^^ in two or more counties, the number of children in eacli 
portion thereof, in the several counties, shall be fur- 
nished to the auditor of the county where the account of 
the congressional fund of such township is kept, on or 
before the said first day of October in each and every 

Trustees may year. 

t^^LullyT^ Sec. 13. When persons can be better accommodated 
«bip to another. ,^^ ^.j^^ school of au adjoiuiug township, the trustees of 
the township in which such persons reside shall transfer 
them for educational purposes to such adjoining town- 
ship, and notify the trustees thereof of such transfer, 
and in any enumeration the child|ien of such persons 
shall be regarded as belonging to the township to which 
they have been transferred, and such persons shall, for 
educational purposes, be voters in such adjoining town- 
* ship only. 
Proportionable Sec. 14. Whcu pcrsous havc been so transferred to 
SfnaJ fu^d^tJbe au adjoiuing township, the board of trustees of the town- 
S^2S^ ""'^^ ship in which they reside shall pay over to the township 
to which they have been transferred their proportional 
share of the avails of the congressional township fand, 
to which they may be entitled, for their use. 
Daty of auditor Seg. 15. Whcu a tax shall be levied for the purposes 
to^^hi^Jtlx.** hereinbefore mentioned in any township, the trustees 
shall make out and file with the county auditor a list of 
the persons who have been transferred for educational 
purposes to an adjoining township, and also of such per- 
sons as may have been transferred fi-om an adjoining 
township to the township in which such tax is levied, 
and the auditor in making the assessment of such tax 
shall exclude such persons as may have been transferred 
from the township, and include such persons as may have 
been transferred to it, but such assessment shall only 
extend to the property situated within the township in 
which such person resides. 
Tax to be coiiect- Sec. 16. The couuty auditor shall take the assess- 
trei^uTC?Lothcr mGut of thc property for State and county purposes, and 
nrven^,aDdhow gj^^^j ^^^^ ^^^ propcr assessmcut of the tax directed by 
the township trustees, in the same manner as for State 
and county revenue, and shall add the amount of said 
tax to his duplicate, in an appropriate column, and the 



COMMON SCHOOLS. 9 I 



taxes shall be collected by the county treasurer as other 
revenues, and shall be paid to the township treasurer 
upon the warrant of the auditor. 

Sec. 17. Each person transferred for educational Taxes, how as- 
purposes to a township of an adjoining county, shall pay ^^n9°tr^8fal 
to the treasurer of such township (when a tax is levied ^^■ 
therein tor the purpose aforesaid) a sum equal to the tax 
levied, computing the same upon the x^roperty of such 
person in the township where he resides, according to 
the valuation thereof, by the proper assessor, and, in 
default of such payment, shall be debaiTed from educa- 
tional privileges in the township to which he may have 
been transferred, and the trustees thereof shall notify the 
ti'ustees of the township in which he resides of such ex- 
clusion. 

Sec. 18. When any board of township trustees shall Y^^"" ^^^ **^*^ 
neglect to file with the county auditor an enumeration u^rat>on,*aQdt 
of the children of the township, as hereinbefore pro- don.^^^"^""" 
vided, the county auditor shall, within twenty days after 
the first day of October in each year, employ a competent 
person to take the same, and allow a reasonable compen- 
sation for such services, and shall proceed to recover the 
same, in the name of the State of Indiana, for the use 
of common schools, by action against the said trustees 
in their individual capacity, and in such suit the auditor 
shall be a competent witness. 

Sec. 19. If a township trustee fail to discharge any Action against 
of the duties of his ofiice, any person may maintain an J^^'^ ^™^ 
action against him for every such ofiense, in the name of 
the State of Indiana, and may recover for the use of the 
common school fund any sum not exceeding ten dollars. 

Sec 20. Any person elected or appointed a town- p^^^j^ ^^^^^^ 
ship trustee, who shall fail to qualify and serve as such, trustee for tailing 
shall pay the sum of five dollars, to be recovered as 
specified in the preceding section, for the use therein 
named, unless such person shall have previously served 
as such trustee. 

RIGHTS AND I'RIYILIXJES OF INCORPORATED TOWNS AND CITIES. 

Sec. 21. Incorporated towns and cities shall consti- powereanddo- 
tute school corporations, independent of the townships SdtiJT*"^**^ 
in which they may be situated, and shall be entitled to 
the proportional amount of school funds to which the 
number of children between the ages prescribed by law 
will entitle them, and shall, by trustees elected by the 
people, or by officers appointed by the corporation, per- 
form all the duties required of township trustees, and 
exercise all the powers vested in such trustees, prepare 



10 COMMON SCHOOLS. 

and file with the county auditor all the reports required 
of and be subject to all the liabilities of such trustees. 
They shall have power to establish graded schools, and 
generally to do and perform all other acts which by this 
act are authorized to be done and performed by town- 
proviso. ship trustees : Provided^ however^ that in case any school 

district within the limits of such city or town shall have 
heretofore contracted debts for school purposes, such 
city or town shall make provision for the payment 
thereof. The same transfers may be made for educa- 
tional purposes from the neighborhood of any such city 
or town to such city or town, and on the same terms and 
conditions as are hereinbefore provided in relation to 
transfers from one township to another. 
Trustees of town- Sec. 22. TowusMp trustees and the trustccs of towus 
towns and cities, and cltics, aud ofiicers appointed by such towns and 
6tatemeut/on or citics to mauagc their educational concerns, shall an- 
Sl^r of ^h''^ nually , on or before the first day of October, make a full 
y<'Ar, statement of all their proceedings, receipts, and ex- 

penditures, for the year preceding, and shall cause the 
same to be published, by posting the same in three 
public places in their respjctive townships or corporate 
limits. 
Teacher to report Sec. 23. To enable towusliip trustccs to make the 
tees^^howing^^ reports which are required of them by this act, the 
aiTIdmittef ''°^" teacher of each and every school shall, at the expiration 
during tcrm,&c. of tho term of thc school for which he shall have been 
employed, furnish a complete report to such trustees, 
verified by afii Javit, showing the number of scholars ad- 
mitted during the term, distinguishing between males 
and females, and between the ages of five and twenty- 
one, and also those over the age of twenty- one years, 
the average attendance, books used, branches taught, and 
number of pupils engaged in the study of each branch; 
and until such report shall have been so filed, such 
trustees shall make no payment to such teacher for ser- 
vices. 
Teachera in in- Sec. 24. Teaclicrs cuiploycd in incorporated cities 
^dti^a^ore^rt an : towns shall make the same reports to the ofiicers 
^''- having charge of the schools of such cities and towns. 

Duty of township Sec. 25. The township trustees shall, in their report 

trustcee in tela- . ,i t /> i • i^ ^ i .i ^ 

tion to their re- to thc couuty au'litor 01 thc enumeration of the children 
auliitoii'^""'^ of their respective townships, furnish to the county 
aulitor the statistical information obtained from the 
teachers of the schools of their respective townships. 
Duty of county Seg. 2G. The couuty auditor shall, on or before the 
Superintendent, first Mou lay of Noveuiber, annually, make out and for- 
ward to the State Superintendent the enumeration of 
their respective counties, with the same particular dis. 



COMMON SCHOOLS. 11 

criminat'on i*eqiiired of the township trustees ; he shall 
also furnish the statistical information exhibited in the 
reports of such trustees, in such form as may be pre- 
scribed by the Superintendent. 

Sec. 27. The schools in each township shall be schootetoba 
taught an equal length of time, without regard to the S^^tTtiS^ 
diversity in the number of pupils at the several schools. 

OK THE LANDS KELONGLNQ TO THE CONGRESSIONAL TOWNSm:P FUND. 

Sec. 28. The custody and care of all lands belong- Tmsteea tohaT» 
ing to the congi-essional township fund shall be with ST* °^ ^^^ 
the trustees of the civil township in which the same 
shall be situated. 

Sec. 29. They shall have power, when directed so May lease them. 
to do by a vote, or by the written direction of a majori- 
ty of the voters of the congressional township to which 
the same belongs, to lease such lands for any term not 
exceeding seven years, reserving rents payable in mo- 
ney,, property, or improvements upon the land as may 
be directed by the majority of such votes. 

Sec. 30. Where the sixteenth section, or the section if thei6tb««. 
which may be granted in lieu thereof, shall be divided ^ntSta*^iS 
by a county or civil township line, the voters of the con- ^"^^c^ntTOT 
gressional township to which the same belongs, shall township ime, 
designate by a vote or by the written direction of a ma- afii cuBtJy of 
jority, the trustees of one of the civil townships includ- IShSty!*'*^^ 
ing a part of the said section, to have the care and cus- 
tody of such section, and to carry out the directions of 
the voters of the congressional township in relation 
thereto, and the trustees so designated shall have 'the 
same powers and perform the same duties as if the en- 
tire section was situated within the limits of their civil 
township. 

Sec. 31. Such trustees shall have all the rights and Trustees toh»ve 
powers of a landlord, in their official name, in coercing eSo?a^iXrf] 
falfillmsnts of contracts relating to such lands and pre- 
venting waste or damage, or of recovery for the same 
when committed. 

Sec. 33. At any time when five voters of any con- Proceedings a jkbi 
gressional township shall, by petition to the trustees {^^^*"'***^ 
having cluirge of the school land belonging to such town- 
ship, set forth their desire for the sale of all or any part 
of the school land, the trustees shall give notice in five 
public places in such township of the time and place 
in such township when and where a balloting will be 
had to determine whether the land shall be sold as peti- 
tioned for or not, which notice shall be given at least 
twenty days before the time specified therein. 



12 



COMMON SCHOOLS. 



tepj of pefifion 
to be entervxL 



Sfanner of voting 



litxijoritjr must 
vx3t» fisvorablB. 



'.TertificaJte of 



PTCceedlnsg Tip- 
on return of the 



(VrtiacafiB HSid 
retsira to t« Iai<^i( 
befujce copn^ 



wk» afaoQ ritrect 
land to lie Hold- 



^KiTKKi of B^e 



When wintract 
CO be forfttited. 



Sec. 33. A copy of such petition shall be entered on 
the book containing the record of the proceedings of 
ench trustees, and their action thereon shall also be re- 
corded. 

Sec. 34. If a voter favor the sale of such land he 
shall write on his ballot the word "sale," if he oppose 
the sale he shall write the words " no sale." 

Sec. 35. No such sale shall be allowed unless a ma- 
jority of all the votes cast in such township shall vote 
in favor of it, nor unless the number of votes constitu- 
ting such majority shall exceed fifteen 

Sec. 36. One of the trustees, to be designated by 
the board, shall attend at the time and place specified, 
who shall make out a certificate showing the number of 
votes given for and against such sale, which shall be 
signed by him, and delivered to the board of township 
trustees, who shall enter the same upon their record 
book. 

Sec. 37. Such trustees, if satisfied that a majority and 
more than fifteen voters have voted for such sale, shall 
enter their opinion upon their record book, and proceed, 

First — To divide the lands so voted to be sold into 
such lots as will insure the best price. 

Seeond — To affix a minimum price to each lot, not 
less than one dollar and twenty-five cents per acre, be- 
low which it shall not be sold. 

Third- — To certify such division and appraisement to 
the proper county auditor, together with a copy of all 
their proceedings had in relation to the sale of said 
lands. 

Seo. 38. Such certificate and return sliall by such 
auditor be laid before the board of county commission- 
ers at their first meeting thereafter, and said board, if 
satisfied that the requirements of the law have been sub- 
stantially complied with, shall direct such land to be 
sold, which sale shall be conducted as follows : 

First — It shall be made by the auditor and treasurer. 

Second — Four weeks' notice of the same shall be given 
by posting up notices thereof, in three public places in 
the township where the land is situated, and at tlie court 
house door, and by publication in a newspaper published 
in said county, if any, otherwise in the newspaper in the 
State, nearest thereto. 

Seo. 39. One fourth of the purchase money shall be 
paid in hand, and interest for the residue for one year in 
advance, and the residue in ten years fi'om such sale, 
with like interest annually in advance. 

Seo. 40. On failure to pay any such annual interest 
when the same becomes due, the contract shall becoma 



CO51M0N SCHOOLS. IS^ I 

! 

forfeited, and the land shall immediately revert to the | 
township, and the auditor and treasurer shall forthwith * 
proceed again to sell the same on the t.rms above speci- 
fied. I 

Sec. 41. If on such second sale, such land shall pro- Proceeds of *^ ' 
duce more than sufficient to pay the sum owing therefor, ^'*^''^''" 
with interest and costs, and five per cent, damages, thd 

residue shall, when collected, be paid over to the first ' 

purchaser, or his legal representative. ; 

Sec. 42. At any time before sale, payment of the Howoiiginai r^ i 

sum due with interest for the delay, and all costs, to- '^^^' \ 

gether with two per cent, damages on the sum due for • j 

said land, shall prevent such sale and revive the original i 

contract. | 

Sec. 43. In case of such forfeiture, the original pur- iccsse of wa^te. 

chaser may be sued for waste or unnecessary injury done j 

to such land. ] 

Sec. 44. Such suit shall be prosecuted by the audit- sutu ] 

or in the name of the State, for the use of the proper 1 

congressional township. i 

Sec. 45. When any land offered for sale, at public Prhmteeate. i 

auction, shall remain unsold, the county auditor may I 

dispose of the same at private sale for the best price ? 

that can be had therefor, not being less than the mini- 1 

mum price affixed thereto. j 

Sec. 46. A certified statement of such sale shall be Bt&tem«rtof | 

made and signed by the auditor, and being first record- ' i 

ed by such auditor in the records of the board of county ! 

commissionei*s, shall be delivered to the purchaser when I 

he makes his first payment, and shall entitle him to a deed ■ 

when the terms of such purchase shall have been fully .' 

complied with. : 

Sec. 47. Every purchaser until forfeiture, shall be night of purctuv 

entitled to all the rights of possession before existing in ''^'^' 1 

such trustees or townships, and to all rights and remedies ] 

for rents becoming due, or breaches of covenant accruing j 

after his puchase, under any lease existing at the time \ 

of his purchase, and for all waste committed thereafter. ■ 

Sec. 48. A purchaser at such sale failing to make Tea per cent. ] 

the first payment as above required, shall pay ten per Sf°S^^° ''^ ' 
centum on the sum bid, to be recovered by action before 
any court having jurisdiction, to be prosecuted for by 
the county auditor in the name of the State, for the use 
of the proper township, and the auditor and treasurer 
shall be competent witnesses. 

Sec. 49. Assignmentsof certificates of purchase shall Aiwignuwut : 
be valid only, if acknowledged before the county auditor, 
who shall record the same. 

Src. 50. When a residue of purchase money becomes Payment of ior 



14 



COMMON SCHOOLS. 



fterost on residue 
to entitle purcha^ 
eer to retain loaji. 



Pnrcbaser may 

pay at any time. 

la case of lost or 
destroyed cei-tifi- 



Pnrohase money 
to be paid to the 
treasurer, &,&. 



Amount of re- 
ceipt to be en- 
dorsed on certifl- 
cate. 



I>ped. 



AcknowltKig- 
ment at whose 
cost. 



Petition for sale 
of lands. 



due, the purchaser may retain the same as a loan, for a 
term not exceeding three years, on payment annually in 
advance of the interest thereon, at the rate then establish- 
ed by law for loans of such funds, but he shall receive 
no deed until fall payment is made. 

Sec. 51. Purchasers may at any time before due, 
pay a part or the whole of such purchase money. 

Sec. 52. When any such certificate shall be lost or 
destroyed before a deed be made, on proof thereof by 
affidavit of the person interested, or other competent 
testimony to be filed with the county auditor, and after 
three months' notice of intention to apply for a new cer- 
tificate given in some newspaper published nearest to 
where the land lies, such auditor may issue the same to 
the person entitled thereto. 

Sec. 53. Purchase money and interest, and all costs 
and damages above provided for, shall be paid to the 
treasurer of the proper county, and his receipt therefor 
filed by the person paying with the county auditor, who 
shall issue his quietus therefor. 

Sec. 54, When such payment is in completion of any 
contract of sale, the amount of such receipt shall be en- 
dorsed by the county auditor on the certificate of pur- 
chase. 

Sec. 55. On full payment for such land, a deed shall 
be executed by the county auditor and entered on the 
record book of the board of the county commissioners. 

Sec. 56. Such deed shall be executed and acknowl- 
edged at the cost of the grantee by the county auditor 
as in other cases, and thus executed and delivered, shall 
vest the grantee, his heirs and assigns forever, a com- 
plete title to the land. 

Sec. 57. The voters of any congressional township 
may, in the absence of a vote to sell land, and in lieu 
thereof, petition the proper board of township trustees 
for such sale, and such petition, if signed by a majority 
of all the voters of the township, shall be filed with the 
county auditor, and the same proceedings shall be had as 
are provided in the preceding sections upon a vote of the 
inhabitants of the township for such sale. Such peti-. 
tion and certificate shall also be recorded in the record 
book of the board of township trustees and of the coun- 
ty auditor. 



OF THE INVESTMENT OF FUNDS HELD FOR THE BENEFIT OF COMMON 
SCHOOLS AND CONGP.ESSIONAL TOWNSIIIJ'S. 



princpaioffun.i g^Q^ 58_ Xhc principal ol all moneys, whether bv 

to be loaned and . ^ i i r ^ 1 \i. 

Judgment to bear longmg to the commou school lund or to the congret 



[ 



COMMON SCHOOLS. l5 



gional townships, and received into the county treasury, seven per cent. 
shall be loaned, and the interest paid out, as prescribed IktSr" 
in this act; and any judgment upon any such note or 
mortgage shall bear seven per cent, interest from the 
date thereof till the same is paid. 

Sec. 59. Such loans shall be made by the county T^nstobcmade 
auditor, v/ho shall inform himself of the value of all ^y«>»»fy ^»<J'- 
real estate offered in mortgage, and be satisfied of the 
validity of the title thereof, and all persons applying for 
a loan shall produce to said auditor title papers, showing 
-a clear title in fee simple, without incumbrance, and not 
derived through any executor's or administrator's sale, 
ov sale on execution, or sale for taxes. 

Sec. 60. The township trustees, or three disinterested ApprAiaement. 
freeholders of the neighborhood, shall appraise any land 
offered in mortgage. 

Sec. 61. Such appraisers, being first officially sworn, Duty ofappraJs- 
ehall examine and appraise such Ian 1, and sign and give "^ 
to the applicant a certificate, setting fortii the fair cash 
value of the land at the time, without taking into con- 
sideration perishable improvements. 

Sec. 62. In making such loans preference shall be R'-ferenf« to in- 
given to the inhabitants of the county if the security be c^ity" ^" 
adequate, and no land shall be received as security un- 
less situated in the county where the loan is made. 

Sec. 63. The amount loaned to any person or com- 
pany shall not exceed three hundred dollars. 

Sec. 6J:. The applicant for a loan shall file with the lacnmbrance^ 
auditor the certificate of the clerk and recorder, showing 
that there is no incumbrance on said land in either of 
their offices. 

Sec. 65. Such applicant shall also make oath that oatb of titic 
there is no incumbrance or better claim that he knows 
of, and that the abstract of title presented by him is, as 
he believes, a true one. 

Sec. 66. ^o such loan shall be made for a lons-er Timeonoan.- 
term than five years. 

Sec. 67. The sum loaned shall not exceed one-half ^'ot to excee<i one 
of the appraised value of the premises proposed to be vJiue^^^'^'^*^ 
mortgaged, clear of all perishable improvements. 

Sec. 6S. The auditor shall have power to administer oatti, 
all oaths and take all acknowledgments required by this 
act. 

Sec. 69, Mortgages taken for such loans shall be Recon* of mort- 
considered as of record from the date thereof, and shall S?pSrity of 
have priority of all mortgages or conveyances not pre- pl-eSouJ^S-'*'" 
viously recorded, and of all other liens not previously '^"^^• 
incurred in the county where the land lies. 

Sec. 70. The auditor shall cause such mortaras^es to cost of recording. 



16 



COMMON SCHOOLS. 



Rale oi interc-st 
7 per cent. 

When the note 

and mortgage 
may be proce^^d- 
«d on. 



Form OI mort- 
gage. 



be recorded immediately, retaining the cost of recording 
out of the money borrowed. 

Se€. 71 . The rate of interest shall be seven per centam 
per annum, payable annually in advance. 

Sec. 72. On failure to pay any installment of inter- 
est when the same becomes due, the principal sum shall 
forthwith become due and payable, an:l the note and 
mortgage may be proceeded on and collected. 

Sec. 73. The mortgage may be in substance as fol- 
lows, and the auditor shall specity therein whether the 
same belongs to the common school lund or to the con- 
gressional township fund, and if to the latter, the parti- 
cular township whose funds are thus loaned. 



?Or.M OF THE MORTGAGE. 



Sec. 74. I, A. B., of the countv of 



in the State 



of Indiana, for the use of (here describe the iimd out of 
which the loan is made) mortgage all (here describe the 

land) for the payment of dollars, with interest at 

the rate of seven per cent, per annum, payable annually 
in advance, according to the conditions of the note 
hereto annexed. 

Sec. 75. The note accompanying the same may be 
in substance as follows, to wit: I, A. B., promise to 
pay to the State of Indiana, for the use (here recite the 

particular fund) on or before the the sum of 

doUars. with the interest thereon, at the rate of seven 
per cent, per annum, in advance, commencing on the 

day of . IS — , and do agree that in case of 

milm-e to pay an installment of said interest when the 
same shall be due, the principal sum shall become due 
and payable, together with all arrears of interest ; and 
on failure to pay such principal or interest when due^ 
two per cent, damages shaU be collected, with costs, and 
the premises mortgaged may be forthwith sold by the 
county auditor for the payment of such principal sum, 
interest, damages and costs. 

Sec. 76. On making loan of any fund, the au.iitor 
shall draw his warrant in favor of the bon-ower upon 
the countv treasurer, who shall chars^e it to the proper 
fund. 

Sec. 77. All loans refunded, and all interest, shall 
P&ii to trees- i^g pg^^ J ^^ ^^^ county treasurer, and his receipt shall be 
filed with the county auditor, who shall gdve the payer 
a quietus therefor, and make the proper entries. 

Sec. 78. Whenever the amount due on any mort- 
age shall be paid, and the treasurers receipt therefor 

Si, the auditor shall indorse on the note and mortgage 



WiifTsnt on 
wbom drawn. 



liO&ne anl inter 

e?t 

arer 



SatisfeciiOQ, 
^•iien miade. 



COMMON SCHOOLS. 17 

that the same have been fully satisfied, and surrender 
the same to the person entitled thereto ; and on the pro- 
duction of the same thus inlorsed, the recorder shall en- 
ter satisfaction npon the record. 

Sec. 79. When the interest or principal of any such whenaudiUT 
loan shall become due and remain unpaid, the auditor "»*j^^"^"'agHu:t. 
shall proceed to collect the same by suit on the note, or 
by sale of the mortgaged premises, or both, at his op- 
tion: he may also, by suit, recover possession of the 
mortgaged premises before sale thereof. 

Sp:c. 80. In case of suit on the note and judgment 
thereon, no appraisement of property shall be allowed. 

Sec. 81. Before sale of mortgaged premises, the au- Notw of **;«. 
(litor shall advertise the same in some newspaper pub- 
lished in the county where the land lies, if any there be, 
otherwise in a paper in the State nearest thereto, for 
three jveeks successively, and also by notices set up at 
the court house door, and in three public places in the 
township in which the land lies. 

Sec. 82. At such sale, which shall be held at the sai«. 
court house door, the auditor shall sell so much of the 
mortgaged premises, to the highest bidder for cash, as 
will pay the amount due for principal, interest, dama- 
ges and costs. 

Sec. 83. In case of no bid for the amount due, the when anai?.or 
auditor shall bid in the same, on account of the fond, '"^^ ^'"^ ''" **^' 
and as soon thereafter as may be, shall sell -the same, 
having first caused it to be appraised by the township 
trustees, on a credit of five years, interest at seven per 
cent, per annum, being payable annually in advance, 
but no such sale shall be for a less sum, than the ap- 
praised value thereof. 

Sec. 84. Lands heretofore bought in, on account of Land h«etofcrc 
the fond, which have been appraised, shall be sold in Ske^i^nn.^.*'* ''' 
like manner. 

Sec. 85. Upon foil payment being made for such Deed, wbea mad*^ 
lands, the deeds therefor shall be executed by the coun- lo^]^!^'''^ '^*" 
ty auditor, and shall be entered in the records of the 
board of county commissioners before delivery. 

Sec. 86. At the public sale at the court house door, sutemtntof 
provided for in this act, the county treasurer shall also *^^^"'"«'' «^ "»''• 
attend, and make a statement of such sales, which shaU 
be signed by the auditor and treasurer, and after being 
recorded in the auditor's office, shall be filed in the treas- 
urer's office, and such record, or a copy thereof authen- 
ticated by the auditor or treasurer's certificate, shall be 
received as evidence of the matters therein contained. 

Sec. 87. When any land is bid ofi* by the auditor, at Treajrarer'e bu**- 
such sale, no deed need be made therefor to the State, but I^i!?/**^** 
2-S. L. 



18 



COMMON SCHOOLS. 



the statement of such sale, and the record thereof, shall 
vest the title in the State for the use of the proper fund. 
Annual report of Sec. 88. Anniial reports of the operations of their 
loans. respective offices, in regard to loans and payments for 

school purposes, and to all moneys received on account of 
the common school fund, and of the congressional town- 
ship fund, shall be made by the county treasurer and 
auditor to the board of county commissioners at the first 
session after the annual distribution of the school fund. 
Forni8ofbook Sec. 89. Forms and modes of book-keeping shall 
wST I'r^ribed from time to time, be prescribed for the county auditors 

and treasurers, by the Auditor of State. 
Otmnty ««mnte- Sec. 90. The board of county commissioners shall 
toT^intef""' annually at theii first session after the distribution of 
the common scliool fund, m the presence of the county 
auditor and treasurer, examine the accounts and pro- 
ceedings of such officers in relation to the said funds; 
they shall also inquire into the safety of the several 
loans made of said liincls and examine and compare the 
cash notes, and mortgages, with the records, books and 
reports. 
Report of board. ggc. 91. Said board shall make a report of the re- 
sult of such examination showing : 

First. The amount refunded, and the amount reloaned, 
and the safety thereof 

Second. The amount of interest received and the 
amount paid over. 
Diflpoeition of Sec. 92. Such report shall be entered on the records 

arcoun . ^^ ^^^^ board, and copies thereol signed by the members 
of the board, the auditor and treasurer, shall be trans- 
mitted to the Auditor of State, and to the State Super- 
intendent of Public Instruction. 
Sditors"!^* Sec. 93. County auditors shall receive for their ser- 

treaw"^™- viccs iu managing the school fund, the two per cent, 
damages accruing on all sales for the non-payment of 
loans, and three per cent, on all disbursements of inte- 
rest, and the county treasurer shall receive two per cent, 
on all disbursements of interest, and two per cent, on 
the amount of school tax disbursed. 
^^r^^^ Sec. 94. The following fees only shall be charged in 
loan*. QQj^Q of mortgage for loans : 

To each appraiser, 60 cents. 

For recording mortgage, 50 cents. 

For drawing mortgage, • • 50 cents. 

For taking borrower's affidavit, 10 cents. 

For clerk and recorder's certificate, and 

examining title, each, ... 25 cents. 

Which shall be paid by the borrower. 



COMMON SCHOOLS. 19 



Of TUB DISTRIBUTION OF THE SGUOOL FUND. 



counties of this State, shall, annually, on the fourth i*J to^^J^eX"*^ 
Monday of March, make out and forward to the Super- [fo^^^i^ti^ 
intendent of Public Instruction, a statement showing 
the amount of interest on hand for distribution, in his 
own county, arising from loans of the congressional 
township fand, and also the amount on hand for distri- 
bution in parts of townships in the adjacent counties, 
specilying the amount on hand for each of the several 
counties. 

Sec. 96. In making such statement, he shall specify what report 
the amount of interest belonging to each township and ^^* o^^^^^*- 
parts of townships, and the county in which the same 
is situated, and where a congressional township lies 
partly in one county and partly in another, the auditor 
of the county in which the fund of such township is 
managed shall, in addition to notifying the superintend- 
ent of the amount due to each portion, notify also the 
auditor of the county in which any portion is situated 
of the amount due to such portion. 

Sec. 97. The State Superintendent shall annually, by statement of 
the fourth Monday in April in each year, make out a state- S^Snt^*^'*' 
ment showing the number of scholars in each county of 
the State, the amount of the income of the common 
school fund in each county for distribution, and the 
amount of taxes collected for school purposes, and shall 
apportion the same to the several counties of the State, 
according to the enumeration of scholars therein, with- 
out taking into consideration the congressional township 
fund in such distribution. 

Sec. 98. He shall file with the Auditor of State a Hetooieetat^ 
statement, showing the amount of the income of the ^r^J'^J^ 
common school fund to which each county is entitled, 
who shall arrange the transfers between the counties, and 
in case it shall be found inconvenient to draw upon 
those counties having an excess in favor of those coun- 
ties having a deficiency, the county treasurer (on being 
thereto required by the Treasurer of State,) shall pay 
such excess into the State Treasury. 

Sec. 99. To enable the State Superintendent to make county trea«D- 
8uch apportionment, county treasurers, at the time of su'^rmtSSent 
making their annual settlement, shall furnish to the ^fe™^"'^*"" 
superintendent a statement of the income of the common 
school fund in their hands. 

Sec. 100. The superintendent shall, immediately af- sopcrinteiMient 
ter making such apportionment, inform the county audi- ^ ^^*'"" ^^"^ 



[>at.> of coanty 
trwasarer inre- 
:aj-'i CO distribTi 



20 COKMO^f SC!I001.S. 

auditors of amt tors of the ainount to which their county is entitled of 

entitled u.. ^^g common school liini. 

Sec. 101. The treasurer of the several counties shall 
annually, on the third Mon lay of May, make distribu- 

rfoB. tion of the income of the common school fund to which 

his county is entitled, (upon the warrant of the county 
auditor.) to the several townships and incorporated cities 
and towns of the county, which payment shaU be made 
to the treasurer of each township, and in making the 
said distribution, the auditor shall ascertain the amount 
of the congressional township fund belonging to each 
city, town, and township, and shaU so apportion the in- 
come of the common school fund as to equalize the 
amount of available funds in each city, town, and town- 
ship, as near as may be, according to the number of 
scholars therein: Provided^ hoicevei^ that in no case 
shall the income of the congressional township fond, 
belonging to any congressional township, or part of 
such township, be diminished by such distribution and 
diverte<l to any other township. 

OF THK MANAGEMENT OF THIi SCH.>OT>S. 






Sec. 102. The township trustees shall designate the 

3^^b ty n^ several schools of their respective to^vnships by num- 

^"^ bers, as ''School ^STumber — ," and the inhabitants, 

whether residing in or out of the township, who shall 

have designated any school in such township as the one 

to which they desire to be attached, as provided in sec- 

w.m .iir.^a^r* tlou thirteen of this a<;t, shall meet annually, on the first 

>.rec.>v^D. Saturday of October, at the school house, if there be 

any, if not, at some convenient place, to be designated 

in the notice of such meetini^, and choose one of their 

- 

number director of such school, who, before entering 
upon the discharge of his duties, shall take an oath faith- 
fully to discharge the same. 

Directof maj ..all Sec. 103. Other meetings of Buch inhabitants may 

n^jin-8 at any ^^ }^^^ qx any time, upon the call of the director or any 
five of the inhabitants. 

K..ri(evfrr..-fing Sec. 104. At least five days' notice shall be given of 
such school meeting, by posting notices in five public 
places in the vicinity, but no meeting shall be illegal, for 
want of such notice, in the absence of fraud. 

f-oweo! of ?-^o.ji Sec. 105. Such school meetings shall have power to 
designate the teacher whom they deeire to teach their 
school, to determine what branche?^ they desire shall be 
taught in such school, to designate such repairs as they 
may deem necessary to their school house, to memorial- 
ize the township trustees for the removal of their school 



aweting. 



COMMON SCHOOLS. 21 

house to a more convenient location, or for the erection \ 

of a new one, and upon any other subject connected with i 

their school or township. j 

Sec. 106. When such meeting shall yjetition the '^^^y °^^^°^ ! 

township trustees in regard to repairs, removal or erec- repairs, Ic. \ 

tion of a school house, they shall also furnish to such ; 

trustees an estimate of the probable cost of such repair, j 

removal or erection. i 

Sec. 107. The township trustees shall, in every case p^ty of tnwt^* < 
in which a majority of the inhabitants attached to any tea^is!^^^ 

school have designated the teacher they wish employed, \ 

employ the same, if he or she can be had on reasonable i 

term s ; and in no case shall such trustees employ any ! 

teach er, whom a majority of the inhabitants attached to ; 

any school have decided they do not wish employed; ^ 

au'l wdien at any time after the commencement of any • 

school, if a majority of the inhabitants petition said j 

trustees that they wish such teacher dismissed, such \ 

trustees shall dismiss him ; but such teacher shall be en- | 

titled to pay for all services rendered. ' | 

Sec. 108. The director of each school shall preside Duty o( sch.-wi 
at all meetings of the inhabitants connected therewith, 
and record their proceedings ; he shall also act as the 
organ of communication between the inhabitants and 

the township trustees. ] 

Sec L09. Tie shall take charge of the school house, sam«. j 

and property belonging thereto, and preserve the same, ] 
and shall make all temporary repairs to the school house, 

furniture and fixtures, and provide the necessary fuel for i 

the school, and report the cost thereof to the trustees -' 
for payment. 

Sec 110. He shall visit and inspect the school from sama. 

time to time, exclude any refractory pupil therefrom, ■ 

with the consent and approbation of the township trus- j 

tees, and under their direction provide suitable teachers J 

therefor. \ 

Sec 111. The exclusion of any pupil from the school Lea^'^ of ti«i« 

for disorderly conduct, shall not extend beyond the cur- SefTfrom ^' ; 

rent term, and may be, in the discretion of the trustees, ^^^^' I 
for a shorter period. 

OF THE STATE SUPERINTENDENT. 

Sec 112. There shall be elected, by the qualified Election of stat i 

voters of the State, at the general election, a State Su- s^p^'^^^^*- ] 

perintendent of Ptblic Instruction, who shall hold his j 

office for two years. I 

Sec 113. He shall receive for traveling, stationery, afeexpoottes. i 
and other expenses, a sum not exceeding five hundred 
dollars per annum. 



^ COMMON SCHOOLS. 



owHUKHMxrim^iit Sec. 114. He sball enter upon his official duties on 
SJS,'*^'^^ the secon I Monday in February succeeding his election, 
and shall take and subscribi an oath of office, which 
shall be filed in the office of Secretary of State. 
Bfebookes papers Sec. 115. The books and papers of his department 
Sjt'STw^*'" shall be kept at the seat of goverament, where a snita- 
wbom farnisbed. jj^g office shall bc fumished by the State, at which he 
shall give attendance when not absent on pnblic busi- 
ness; anl if the business of the office require it. he may 
Allows clerk sis cmplov 3. clerk. not more than six months in each Year, 

Report of Super- Sec. 116. He shall prcscnt an annual report, con- 
»teiKienu taiuing a brief exhibit of his labors, the result of his 

experience and observation, noticing any imperfection 
in the operation of the system, and suggest the appro- 
priate correction. He shall also prepare and append to 
ToarT-a-i to r^ sald report all statistical tables, the materials of which 
^isi^tL^cai j^^^.^^ ^^^^ transmitted to his department by the proper 
officers, and shall cause ten thousand copies to be printed 
and distr.buted to the several counties of the State. 
T\jTi4teach Sec. 117. Hc shall sptnl annually, on an average, 

S°int)''white^' ^t least one day in each county, attending teachers' in- 
**ere. ' stitutes. Conferring with township trustees, counseling 

teachers, and delivering lectures on topics calculated to 
subserve the interests of popular education, 
jtx-officio pm^i- Sec. 118. He shall be ex-officio President of the 
d«t^.f board .f g^^^., ]3oar i of E mcation. presi Je at all meetings thereof, 
propose such measures fur consivleration and adoption 
as in his ju igment may bjst subserve the interests com- 
mitted to said board, and increase the efficiency of their 
intividual laboi*s, and submit for their approval a list of 
text books for schools, and a catalogue of suitable works 
for school libraries. 
?o ?77iH-rhit«Dd Sec. lly. He sliall superintend the purchase of town- 
^l^i^^^^T''' shi]) libraries, un kr such regulations as the State Board 
of E lucation may adopt, and report to said board liis 
proceedings in relation thereto. 
Tto d^t^Tninc ai>- Sec. 1^0. Hc shaU reccive and promptly determine 
9"^^ appeals ft-om township trustees, exercise such super- 

vision over the educational funis as maybe necessary 
to ascertain their safety and secure their preservation, 
anl cans- to be instituted, in the name of the State of 
lu'liana. for the use of the proper iimd, all suits neces- 
sary for the recovery of any portion of said funds. 
Majn^inirein Sec. 121 He may rcquirc of th» county aulitore, 
tadJ^ffiiSi? '^" treasurers, township trustees, clerks, and treasurei-s, 
copies of all reports required to bj made by them, and 
all such other ini'ormation in relation to the duties of 
their respective offices, anl the condition of the funds 



COMMON SCHOOLS. '^3 

au'l property of tha common sdiools, and tho con lition 
anl maiiagament of such schools, as h-3 may deem im- 
portant. 

Sec. 132. He shall prepare anl transmit to the pro- xx, pj-^^^,^ emu- 
per officers, suitable forms anl regulations for making ^^*^ *'^"'"'*^ 
all reports anl con lui ting all necessary procee lings 
under this act, an 1 all necessary instructions for the bet- 
ter organization an I governnunt of common schools. 

Sec" 123. He shall cause as mmy copies of the acts oau*? copie.-^ of 
of the General Assembly, in relation to the common ^'J^^JI;;'^,^^^;; 
schools, or the school funis, with necessary forms, in- reutson lo oona- 
structions an L regulations, to be irom tmie to time iw awtribui>.d. 
printed anl distribute 1 among the school townships, as 
he shall deem the public goo I requires. 

Sec. 121. The annual report of the superinten lent Aaumirepon 
shall be male to the General Assembly when tliat body 
is in session, otherwise to the Governor, who shall cause 
the same to be pulViished, anl communicate a copy 
thereof to the next General Assembly. 

Sec. 125. He may license teachers of the common to license- teach - 
schools at his pleasure. '■^^ *' p*"*^''" 

Sec. 126. He shall supply each common school li- whatheshaii 
brary with the legislative documentary journals an I the mot^h^im^ 
acts of each session of the General Assembly, an 1 also ''^ "^^^^ 
the annual reports of tlie State Board of Agriculture, 
an 1 his own annual reports. 

Sec. 127. The treasurer shall take his receipt for Tr«a.'nrprtotAke 
such books anl documents which recv3ipt shall be evi- ^^^♦^^'i*^ 
dence of tlie proper disposal of such books anl docu 
ments. 

Sec. 128. With the report of his labors anl observa Report, what u, 
tions, the superinten lent shall pr.^sent: '''"'*"^ 

A statement of the con lition an I amount of all funis 
and property appropriated to purp'>ses of elucation; 

A statem -nt of the number of common schools in tliis 
State, the number of scholars in atten lance, their ages^ 
sex, anl the branches tauj^ht; 

A statement of tlie number of private or select schools 
in the State, so far as the same can be ascertained, 
the number of scholars, their age, sex, and branches 
taught ; 

Estimates and accounts of tlie expenlitures of the 
public school funds ; 

Plans for the management anl improvement of tho 
common school fun Is an 1 for the better organization of 
common schools. 



24 



COMMON SCHOOLS. 



OF TILE TOW^•?^IP LIBKARlEti. 



gchf>ol tax for li- 
braries. 



Proviso^ 
How applied. 



Taxes t^ be paid 
tf> (rea&urer. 



Distribution of 
library. 



Wiio to preaervs 
libraries. 



Sanw t»ubject. 



Wh^re libraries 
ir' iHt kept. 



Who ontitled to 
use library. 



Liln-ary to be 



Sec. 129. There shall be assessed and collected, as 
the State and county revenues are assessed and collected, 
on the list of property taxable for State purposes, the 
sum of one quarter of a mill on each one dollar. There 
shall also be paid, bj every person liable to pay a poll 
tax for State purposes, the sum of twentj-five cents ; 
Provided^ that said tax shall continue for one year 
only. 

Sec 130. The said taxes shall be applied exclusively 
to the purchase of township school libraries, under the 
direction of the State Board of Education, but no secta- 
rian work shall be admitted into such libraries. 

Sec. 131. The amount of said taxes, when collected, 
shall be paid by the county treasurers to the Treasurer 
of State, at the time of making their annual settkment, 
and shall be paid out by that officer upon the warrant of 
the Auditor of State. 

Sec 132. The State Board of Education shall, when 
such libraries have been received, cause the same to be 
distributed to the several townships in the State, under 
the direction of the State Superintendent, who dhall ap- 
portion the same according to the population of the 
townships: Provided. Itoivever. that existing inecpiali- 
ties in township libraries shall first be corrected. 

Sec 133. Such libraries shall be in charge of the 
boards of township trustees, shall be deemed the pro- 
perty of the township, and shall not be subject to sale or 
alienation for any cause whatever. 

Sec 131. Such trustees shall be accountable for the 
preservation of said libraries, may prescribe the time of 
taking and the period of retainiug books, assess and re- 
cover damages done to them by persons entitled to their 
use, and adopt regulations necessary for their preserva- 
tion and usefulness. 

Sec 135. The trustees may deposit the library at 
some central point, or at one or more eligible places in 
the township, for the convenience of scholars and fami- 
lies, and they may appoint for that purpose one or 
more librarians, to have the care and superintendence 
thereof. 

Sec 136. Every family in the township shall be 
entitled to the use of two volumes at a time from said 
library, although no member of such family attend 
school. 

Sec 13T. The library shall be open to all persons 
entitled to its privileges, throughout the year, without 
regard to school sessions. 



COMMON SCHOOLS. 



MISCELLANEOUS PROVISIONS, 



Sec. 138. The books, papers, and accounts of any Books, papers, 
township trustee, clerk, or treasurer, shall at all times s^tiJ«f "^^ ^* "'' 
be subject to the inspection of the county auditor, and i 

of the board of commissioners of the proper county. i 

Sec. 139. For the purpose of such inspection, said coumy corami&- [ 

board of county commissioners and auditor may, by monTJore tSi I 

subpoena, summon before them any such trustees, clerk, '"^*^^^- *'^- 
or treasurer, and require the production of such books, ! 

three days' notice of the time to appear and produce | 

such books being given. I 

Sec. 140. If such books have been imperfectly kept. Books, may b« 
said board of commissioners may correct them ; and if '^'^"■'■-^*' 
fraud appear, shall remove the person guilty thereof. i 

Sec. 141. Process in suits against a school township serviceotproceas. '; 

shall be by summons executed by leaving a copy thei^of 
with the clerk of such township ten days before the re- 
turn day thereof ■ 

Sec. 142. Suits brought on behalf of a school town- suits, how | 

ship, shall be brought in the name of the State of Indiana, *''^'^^-^*^*- 
for the use of such township. 1 

Sec. 143. An appeal shall lie from the decision of Appeal. j 

the township trustees to the State Superintendent, whose " 

decision shall be final. ' 

Sec. 144. Any person who shall sue for or on ac- ^"p^^^ no cost t» \ 

count of any decision, act, reftisal, or neglect of duty of ' '' 

the township trustees, for which he might have had an ( 

appeal, according to the provisions of the preceding sec- ' 

tion, shall not recover costs. 

Sec. 145. i^o teacher shall be employed unless he character and 
be of good moral character, nor until he shall have pro- ?Sere^'^" '^ ' 

cured a certificate of qualification, as provided in this 

act. : 

Sec. 146. The board of county commissioners of county commis- . 

each county of this State, shall appoint at least one, and school examiner* i 

not more than three school examiners, whose term of ^"^ , 

office shall expire on the first Monday in March of each ; 

year, and the clerk of said board shall, immediately ^ 

upon their appointment, report their names and post : 
office address to the State Superintendent. 

Sec. 147. The said school examiners, or either of ^u^y '^ ^^■'^^- 
them, shall examine all applicants for license as teachers ' ' ; 
of the common schools, and, if found qualified, shall j 
license them as such for any time not exceeding two | 
years, at the discretion of the examiner, and shall re- 
port their proceedings annually to the State Superin- j 
tendent. i 



26 COMMON SCHOOLS. 

Licenaa, what to Sec. 148. All Hcenses shall specify the branches 
specify. which the applicant is qualified to teach, and the license 

shall be without charge, "tut the school examiner shall 

be entitled to a fee of fifty cents, in advance, from every 

person applying for examination. 
Teaeher to pos- Sec. 149. No pcrsou shall bc liccnscd as a common 
sees knowledge. g^i^QQ^ teachcr unlcss hc or she may possess a knowledge 

of orthography, reading, writing, arithmetic, geography, 

and English grammar. 

Sf "LnS^Ln. ^^^* ^^^' "^^^ common school shall be taught in the 
guage English language: Provided, however. That schools 

i>roTiso. ^^y teach other languages in addition to the English, 

as a branch of education. 
County commis- Sec. 151. Thc couuty commissioucrs of cach county 
fovmtoa;riaiu are required to conform the boundaries of their civil 
bouudaries. towusliips, to thosc of congrcssioual townships, as far 

as it is practicable to do so. 

^raor^''!uo!!tS^ ^^^- ^^^' "^^^ length of a school term of three 
esdays, <tc. ' months shall be sixty-five days, and the number of hours 
in each day. during which the pupils are to be confined 
in school, shall be six hours. 
When township Sec. 153. The towushlp trustees may, whenever a 
iSd^on which school housc shall have been removed to a different loca- 
achooi house ^-^^^^ ^^. ^ ^^^^ ^^^ crccted for the school in a different 
place, if the land whereon the same is situated belongs, 
uncon litionally, to the school fund, sell the same, when 
in their opinion it is advantageous to the townsliip so 
to do, for the highest price that can be obtained there- 
for, and upon the payment of the purchase money to 
the township treasurer, they shall execute to the pur- 
chaser a deed of conveyance, which shall be sufiicient 
to vest in such purchaser all the title of such township 
thereto. 
t?S^SurSto Sec. 154. When any officer authorized to sell school 
purchaser. lau Is, shall havc sold any lands without a title thereto, 
such officer, or his successor in office, may convey 
such other lands of equal value, as may be agreed upon 
between such officer and the purchaser, his heirs or as- 
signs, or failing to make such agreement, the purchase 
money, with inter^^st, shall be repaid to such purchaser, 
his heirs, executors, administrators, or assigns; but no 
such purchase money shall be thus repaid until the pro- 
per prosecuting or district attorney shall have investi- 
gated the facts of the case, and certified to the correctness 
of the claim. 
County an<i.t<ir9 Sec. If 5. Thc couuty auditors of the several coun- 
wnKS with ties of this State, shall, immediately upon the taking 
effect of this act, open an account upon their books with 



eaA:h congreb«iou- 



COMMON SCHOOLS. 



27 



each of the congressional townships of their respective ai township of 
counties, whose funds are managed by them, and transfer ^"^ '^"° ^' 
to such account, from the common school fund account, 
the principal of the congressional township fund, as it 
existed before its consolidation with the common school 
fund, and shall thereafter keep a separate account of the 
principal and interest of the congressional township fund 
of each township. 

Sp:o. 156. Where the whole of the school funds of a outyofcountj 
county have been loaned, the auditor will apportion to SolTnifST/i 
each congressional township a sufficient number of mort- ^"•^• 
gages to cover the principal of its congressional town- 
ship fund, and where a part of the school funds only 
are loaned, the auditor will so apply a proportional 
amount, and the cash on hand, when loaned, shall be for 
the benefit of the congressional townships respet tively, 
to the amount of the entire principal of their congres- 
sional fund, and in all loans made after the taking eifect 
of this act, the mortgage shall specify the particular 
fund borrowed. 



STATE BOARD OF EDUCATION. 

Sec. 157. The State Board of education shall con- whotooonH«tat« 
sist of the State Superintendent of Public Instruction, tiucat^^**"^ 
and the Governor, Treasurer, Auditor of State, and 
Secretary of State and Attorney General, who shall meet 

annually at Indianapolis, on the day of , 

for the purpose of more effectually promoting the inter- 
ests of education by mutual conference, interchange of 
views, and experience of tlie practical operations of the 
system, the introduction of uniform school books, and the 
discussion and determination of such questions as may 
arise in the practical administration of the system. 

Sec. 158. Inasmuch as certain provisions of the ex- Emergency, 
isting law have been held void by a decision of. the 
Supreme Court, in consequence of which there is now 
no valid law authorizing distribution of a portion of the 
funds devoted to the support of common schools ; and 
inasmuch as great inconvenience will result throughout . 
the State on account thereof, before this act can be pub- 
lished and circulated in the several counties by the usual 
method, it is declared that an emergency exists requiring 
that this act shall take effect immediately ; wherefore i"t 
shall take effect from and after its passage. And the 
Secretary of State shall immediately forward a certified 
copy of it to the Superintendent of Public Instruction, 



2^ FREE PUBLIC SCHOOLS. 

and to each county auditor, and shall also, without de- 
lay, cause the same to be published in the State Journal, 
State Sentinel, and Indiana Eepublican. 

DAVID KILGORE, 

Speaker of the House of Eepresetatives. 

ASHBEL P. WILLAED, 

President of the Senate. 

Approved March 5th, 1855. 

Joseph A. Wright. 



AN ACT 

I'o authorize the establishment of Free Public Schools in the Incorporated Cities and 
Towns of the State of Indiana. 

[Approved March 5, 1855.] 

Incorporated Section 1. Be it enaetcd hy the General Assembly 

Sf^wexed^r"" of the State of Indiana^ That the several incorporated 
ftstaba^and e,ities and towns of this State, be and they are hereby 

support Public i«i i t ^ ^• ^ i i 

Schools. authorized and empowered to establish and support pub- 

lic schools within their respective corporate limits, and 
By ordinance to by au ordluance of such corporation, to levy and collect 
to7for sup^it'of such taxes as may be necessary from time to time for the 
8uch schools. support thereof. 

May recognize Sec. 2. It shall bc lawful for any such city or town 
Syror"^ther^' to rccognize any school, seminary, or other institution of 
iijstitutiou erect- jeamins:, which has been or may be erected by private 

ed by private on- 9 ' p i • tit 

terprise a.s part entcrprisc, as a part 01 their system, and to make such 

of their Byat^'m. ^.j. />j^ij^ tit 

appropriation oi lunds to such school, seminary, or in- 
stitution of learning, and upon such terms and condi- 
tions as may be deemed proper. 
How this is to be Sec. 3. Nothing Contained in this act shall be con- 
Boasti-ued. strued to authorize any city or tow^n, by any system 

adopted under this act, to supersede the common schools 
established under the authority of this State, and sup- 
ported by the public funds, 
tfeunty treasurer Sec. 4. Whcu any tax is required to be levied, as 
t«x over to city providcd iu this act, the county auditor, upon being re- 
^" ' quired so to do, by the proper authorities of any city or 

town, shall enter the said tax upon his duplicate, and 
the treasurer shall proceed to collect the same, upon the 
list of property subject to taxation for State and county 
purposes, and shall pay over the same, when collected, 



ira^murvr. 



I 



FREE PUBLIC SCHOOLS. 29 

to the treasurer of such city or town, or other officer 
properly authorized to receive the same. 

Seo. 5. Inasmuch as existing laws are not sufficient Emcii^on^y. 
to confer the powers herein given, and it is desirable 
that such powers should exist immediately, it is declared 
that an emergency exists for the immediate taking effect 
of this act ; wherefore, it shall take effect from its pas- 
sage. 

. DAYID KILGORE, 

Speaker of the House of Representatives. 

ASHBEL P. WILLARD, 

President of the Senate. 

Approved March 5th, 1855 : 

Joseph A. Wright. 



STATU OF LSDIANA, t 

of tJie Secretary of State., to-vc-it : j 

Thereby certify that the above and foregoing acts are correct copies of the «nrf>U- 
it now on fileiu my office. 

I>" Tf^TiMONY WhitlKof, I hare hereunto sot my hand and affixed the soai <rt 
[L. 3.] State at the city of Indianapolis, tliis 6th day of March, A. D. 1865. 
EfiArf.MUS B. WLLINS, 

»eeret«rj of State. 



APPENDIX. 



FORMS. 

NUMBER I. 

Township Treasurer's Bond. 

Know all men by these presents, that we A. B., A. C, and E. 
F., of - - - county, Indiana, are bound unto the State of Indi- 
ana, in the penal sum - - dollars, for the payment of which we 
jointly, and seveially, bind ourselves, our heirs, and legal represen- 
tatives. The condition of the above obligation is, that if the above 
bound A. B. shall faithfully discharge the duties of Township Treas- 
urer, as prescribed by section 7, of the school law, the said obhga- 
tion is to be null and void, otherwise to remam in full force. 

Signed and delivered in presence of us, this day of , 

185—. A. B . 

O. I., A. C , 

O. K. A. D . 



NUMBER II. 

Order authorizing Township Treasurer to draw the Township Funds 
from the County Treasury. 

f . No. . \ 

This certifies that we, trustees of - - - - township, county 
of - - - - Indiana, have this day authorized A. B., treasurer of j 
said township to receive from the county treasurer - - - del- i 
iars, the amount ol money from (here specify the class of funds), i 
to which this township is entitled for the year ending on the third j 
Monday of May. \ 

day of 185-—. \ 

Attest, ( , i 

O. P., Clerk. \ , ! 



FORMS 



31 



NUMBER NO. III. 

Order on Township Treasury for funds to defray expenses of Inslruc- 
tioni budding, repairing, or any other educational purpose, 

S No. 



To the Treasuier of - • - - Township, county of - - - - 

Indiana: 

Pay to A. B , the sum of - - - - dollars, (here set forth 

the purpose, and also in what district said money is expended). 

day of 185— 

Attest: 



O. P., Clerk. 



Trustees of 
-Township. 



NUMBER IV. 

General Account to be kept by Township Treasurer. 



DK. 



A. B . Treasurer of 



Township, county of Indiana. 



CR 



185- 



To all funds belonging to 
township from whatever 
siiurce received. 



$ 



J85— I By amounts paid on orders of 
Township Trustees as shown 
I by vouchers. 

1 



NoTK —Orders drawn by the To wnahip Trustees constitute the several vouchers of the Treasurer- 



NUMBER V. 
Register of Orders issued by 7 rustees. 



185— 



No. 



To whom issued. 



For what purpose. 



K. N., 
O. P. 



Teaching in District No. 

Building school house in District No. 



Amount. 



■I 

■ ,f 
3'2 FORMS, '^ 

NUMBER VI. 1 

Trustees' Report to County Auditor^ for year ending — dait 

of — ■■ V^b — , Ui be filed with, said Auditor on or before tke \ 

\st day of October. \ 



Township, county of 

Number of districts in township ,. 

Number of children between 5 and 21 years ia the township 

Number of males between 5 and 21 years in the township , , 

Number of females between 5 and 21 years in the township 

No. of children between 5 and 21 years in con township,! o^"f g ' ^'^' 

Number of common schools in township , 

Number of high schools in township 

Number of male teachers in common schools 

Number of (emale teachers in common schools , 

Number of male teachers in high schools 

Number of female teachers in high schools 

Whole number of pupils attending common school during the year 

Whole number of pupils attending high school during thf. year 

Average attendance in common schools , 

Average attendance in high schools 

Average compensation of male teachers in common schools , 

Average fompensation of female teachers in common schools... 

Average eaixipensation of male teachers in high schools 

Average compensation of femals teachers in high schools 

Amount expended for instruction 

Length of schools 

Number of school housefe erected within the year 

Value of school houses erected within the year 

Number of books in library 

(Condition of books in library 

Number of select schools taught in township , 

Number of puiijle in attendance 

Amount of tax collected fox building, repairs, fuel, <tc..... 

Amounv paid trustees for managing educational ra itters 

Branches taught, > 

O. p., Clerk. Trusiees, \ 



FORMS 



33 



NUMBER Vil. 

Township Enujueration. 

Annual enumeration of youth between the ages of five and 

twenty-one years in Tow^nship, taken by Congressional 

Townships, or parts thereof, embraced in civil townships, in accord- 
ance with Section 11 of school law. 



Couj:*i Township • 



Kange 



N:<me of Parent or 
Guardian. 



Number of 
Males. 



Number of 
Females. 



Total 
Number. 



S4 



FORMS 












^ 
S 
^ 






8- 



•sjaiiBtn 
saaj^nij^ .(q paSjBqo jiinoiuv 


1 


•02? 'jam 'SntiBdsj 
'SaipiinqjOi paioaiibo xej, 


li 


•aoHTiptiaiiv i 


•jaqmrisj j 




•noiiipii. 3 j 


i-| 


'laqujnij j 


- 3 « ■«-> «S 

X -a « ^ "^ 


•ani«A I 


•jantun.v; 




•iiooqos JO qiS'iarj 




Kxpeiid 

ed for 

L atruc- 

tion. 


•pun iPioads 




•pun; uoiuuioo 




=: 
•J . 

!' 

> 


j= 


•apniaj 


1 


•oiBiv 




s 

o 


•aiBuxaj 




•aiiBK 




i 

•s 

o 
o 


i 


•aiB !*ii 




•aiTjjV 




£ 
S 

c 


•ap.uiad 




•aiBlM 




hi 
^5 5 


•q-!H 




•UOaiUlO;! 






•M-IH 




uouitu 




-3 - • 

^=1 


•qSiH 




•UOMIIiMlf) 




•eioutst ' 10 j.>ruinv' 






•^ai*u!a£ 




^ •^alB^v 




• s»gmnii u, ti • • 




i 










BdiqsuMOX o-.K 





-1- 



FORMS. 35 

NUMBER IX. 

Notice of District Meeting. 

Notice is hereby given that (state whether the annual or a spec- 
ial) meeting of the qualified voters of District No. , 

Township, County of — -, Indiana, will be held at (state the 

place,) on the — day of , eighteen hundred and fiftj 

, at (state the time of day,) for the purpose of (here set forth 

the object of the meeting,) 

By order of Director. 

, Direct€T. 

. day of — — , 185—. 



NUMBER X. 

Teacher^s License. 

County of , Indiana. { 

,185>--. I 

This certifies that the bearer, A. B , on examination by me 

this day, is considered qualified to teach Orthography, Reading, 
Writing, Geography, Arithmetic and English Grammar, (here state 
the other branches, if any,) and is hereby licensed to teach a com- 
mon school, for the period of — months. 

K. N — , Examiner. 



36 



FORMS. 



NUMBER XI. 
Teachers^ Daily Register, 



% 
s 


Nait.'s of Scholars. 


1 


1 
^ 


Si 


ThuvsJay. 




i X 

! ^ 

1 


> 
S5 




A-- 




f 


T 












2 


B 






t 


1 

! 


1 IK 


s>^ 




3 


(\ 








! ; 

1 i 


5 








4 


., 


.! 




1 


! ^ 


4K 






i 


K . 








1 












« 


F 








1 




5 



^OTE. — Abence denoted thus f , pigiiifyiiig 'y it=i position betweeu the liue.x whether it be in 
IJ&« mom-ng or altertioon. 

The agereeatc of thti numbers in eo'umu bcfided -St. of days present," divided by the number 
t.'f day>"tt;e school is Xrpt diring the .-^t^ek.-wn! give the avtr«ge d.nly attendunce f^r the week. 
J bus S7 lUv ded ty sisfcs 5 2-5, the average daiiy Htteiidancs. 



NliMBER XII. 

Teachers* lleport to the Township Trustees. 

Kepori or* school in District Xo — — , township, county 

of— — — , tV,r term corrmiencing , IS5 — , and ending 

185—. 



?<aine«of seaoUrs. 



Branches studied. 



f ) 



Text Books. 



Aver ee nt'«i dfltu e. 



I^O. I , hereby certfy thnl the foregoing repoit is correct HCcoidi..g to the bett of my 

bnoiKkdje. ^ • •• I , leacdtr. 

j*uW<..'*.te4 sHd sworn to before me this day of , 16o — . 

Tnw «h:p Trustefi, 

('tr Justice .f the pi-atei 
Bran- he?* .^.Itcnd^d o by eaxb popi! mav be mark-d -j- oppo^ile h's nnme. T e names uf jtliers 
I3)an ih.ae «pec fied in tie above form, may be enleicd in remaining blanks and maiKt-d as be lore 
.«i*recte ■•, 

The i'vcrage attenUaijee may be found by dividing th- sssregate of the numbrrs ;n the (Olumn 
Waded •• Ni>. of days in htttudance " by the nura er of d^ys the >^thO' I is laughL 
A Kcurd t-f tanlioe*e will depend on the requisition of the trustteu. 



FORMS. 



S7 



NUMBER XIIL 



Township, 



County, Indiana. 



This memorandum of agreement this day made between A. 

B , a school teacher, of the one part, and A. C , A. 

D , and A. E -, Trustees of Township, of the 

other part, witnesseth that said A. B agrees to teach the 

school of District No. , in township above named, for the term 



of 

hundred and fifty 



he 

for the sum of 



dav of 



-, eighteen 



dollars per 

and fur said services propei'ly rendered, said A. C , A. D , 

and A. E , Trustees as aforesaid, are then and there to issue. 



an order on the Township treasury in favor of said A. B- 



— for 

the full amount of wages due him as ascertained by this article of 
aorreement. 



Witness our hands, this day 

of , 185—. 



( A. C- 
^ A. E 



NUMBER XIV. 

Report of the condition and operation of the common school 
fund of county, for the year ending 185^ — » 



Ti'tal amount of fund 

AmouiU refunded within the ye r 

Amount re-loaned 

Hahuice on hand 

Amount of fund lost or unsafe ,.. 

Amount of interest received within the year 

Amount of interest distributed 

Balance of interest on hand 

Officers' fees an < incidental expenses of fund 

Amount of current school tax and delinquencies of former years collect 
ed since the last settlement with the State Treasurer 



C'om'n fund 



SpecM fi.JMt 



STATE OF INDIANA, 

County. 



SS. 



The undersigned, Commissioners, Auditor and Treasurer of said county, eenify that the fore;^<«- 
ig report is correct as appears from the records in the office of said Auditor. 
Witness our hands this day of , 185—, 



Commissioners. 



Auditer. 
Treasurer 



NoTK,— Anaouuts reported on hand (or distribution should always be net budis. 



NOTES AND SUG(iESTIONS. 



SECTION 1. 



The tax authorized by this section with ihe amount of the pro- 
ceeds of the school funds, both special and common, will not be 
sufficient to sustain schools the requisite length of time, but tiie 
deficiency need be only temporary. The pressing necessity for 
school houses in most townships will require, for the next two 
years, the assessment of the full amount authorized by sec- 
tion 9. The legal questions started almost simultaneously with 
the passage of the previous law, paralyzed, to a great extent, all 
efforts in that direction; so that we are as a Stale but little in ad- 
vanc^^ of our condition in 165*2. These obstacles being removed 
and these questions now settled, we anticipate a very general 
movement in the school house erection department for the ensuing 
two years. The advocates of a larger tax for tuition, will perceive 
that, under the present statute, the taxes for educational purposes 
may amount to tour mills and a quarter on a dollar. Under the 
operation of this provision, we may hope that, within the afore- 
said periled, a large portion of the school structures in our towns 
and rural districts will be erected. 

This result being attained, the present amount of assessment 
may be materially lessened, and yet, by transfer of appropriation, 
the tuition provisions may be increased sufficiently to sustain a six 
months school in the rural portions of the commonwealth. 

SECTION 2. 

in accordance with the decision of the supreme court in the 
congressional township fund suit, the educational funds will here- 
after be known as divided into two classes, common and special. 
The common fund will consist of the items enumerated in this 
section, and its proceeds be distributed throughout the State per 
capita^ and this fund can be appropriated to no other purpose 
whatever than tuition or payment oi teachers* wages. The spe- 



40 NOTES AND SUGGESTIONS. 

Gial fund will be the proceeds of the sale or rents of congres>ional 
township school sections, the net income of which is guaranteed to 
the people of said townships. The inequalities incident to this appro- 
priation are, to a great extent, remedied by the provisions for 
equalization contained in ^.ection 101. 

SECTION 4. 

The efficiency and success of our school system in each town- 
ship will depend, in no unimportant sense, on the prompt, intelli- 
gent and independent action of the township trustees. They are 
vested with all the authority necessary for the discharire of their 
important functions, and are furnished by section 102 with assist- 
ants that will relieve them of a good share of what might be 
deemed the most annoying portion of their labor, viz: procuring 
fuel, superintending temporary repairs and care of the houses. It 
will be the duty of the trustees to adopt such a plan ol procedure 
in reference to the building of school houses, as will secure a 
speedy erection of neat, commodious and tasteful edifices in every 
district where such are needed. Let a uniform plan be adopted 
in each township in reference to the style, comfort and accommo- 
dations of the several structures erected, differing only in dimen- 
sions. 

One district is as justly entitled to a tasteful and convenient 
house, adapted to their wants, as another. Some degree of hr- 
bearance with respect to time must be exercised by the people of 
different localities, and no small amount of firmness and discretion 
on the part of the trustees, will occasionally be demanded, to meet 
emergencies arising in the line of their official duty. The style of 
school architecture and the character of the teachers employed^ 
will depend almost entirely on the good taste, sound judg- 
ment and fidelity of the township trustees. Success in this enter- 
prise demands a wise selection on the part of the people, and an 
intelligent and unflinching executive purpose on the }>art of the 
trustees. The latter will find murh to aid them in the material 
part of their duties in "Barnard's School Architecture" (a copy of 
which will be in possession of every township board,) and in the 
/zYer«r?/ department they will derive many usei^'ul suggestions from 
the "School and Schoolmaster," "Teacher and Parent," and 
"Theory :ind Practice," (educational works of substantial worth,) 
the first of which is already in the township libraries, and the 
others will be within one year. 

SECTION 8. 

Thechargeof the educational interests of the township is the most 
important part of the official responsibilities devolving on the 
trustees. A proper discharge of them will make sudden and some- 
times heavy drafts on patience, principle and literary capital. Let 



NOTES AND SUGGESTIONS. 



41 



promptness characterize all their actions, whether it pertains to 
the erection oi a house, the employment of a teacher, or the visita- 
tion of the schools of the township. Let all business contracts be 
reduced to writing, and both parties have a copy. This rule ob- 
served, will prevent much trouble, hard feeling, and perchance 
litigation. The trustees should not regaid the creation of the office 
of district director as implying any diminution of responsibility on 
their part to secure good teachers for all the districts. They were 
intended as assistants, not substitutes, in the employment oi" in- 
structors. It will therefore be a sad misconstruction of the stat- 
ute, a palpable dereliction of duty, for trustees to devolve the 
labor and responsibility of procuring a teacher, on the directors. 
Let them avail themselves oi the aid of said diiectors in obtaining 
suitable persons to take charge of the schools, but never, by in- 
action or remissness, compel the director of any district to go in 
pursuit of a teacher at the eleventh hour. It would contribute in 
no slight degree to harmony and efficiency of official action, for 
the township trustees and district directors to hold, at least semi- 
annual meetings, ior mutual conference and comparison of views 
relative to the general interests and prosperity of the schools, in 
their township. It would prove a source of mutual satisfaction to 
the officers themselves, and would not fail to be productive of good 
to the cause consigned to their supervision. It would impart a one- 
ness and power :o their action that it would not otherwise possess. 
Great prudence and a proper regard for the expressed wishes of 
th ■ majority of the people of a district, should be exercised in the 
selection of sites for school houses. Let the grounds be ample — an 
acre of land il possible to each house. Not only erect a neat and 
commodious house with the appropriate fixtures, naturally sug- 
gested, but merit the blessing of posterity by enclosing the lot and 
plantmg shade trees, thus encouraging in our youth a spirit in sym- 
pathy with the tasteful and useful. ^ modification of the graded 
system may be successfully introduced into some of the more 
densely populated townships. In such case the districts might em- 
brace the pupils classed in the primary and secondary depart- 
ments, and the grammar and High school pupils might be taught at 
a school located at '■ome central point in the township. Admis- 
sion to this school should depend entirely on the ability to sustain 
a thorough and impartial examination in a given grade of studies. 
Such a >chool, at the center of the township, would enable many 
to prosecute studies they could not be instructed in at the district 
school, thus saving the expense of an education abroad, and this 
school would al-o exert a most salutary influence on the pupils in 
the district schools, by presenting a worthy object of aspiration — 
admission to the central school. 

SECTION 9. 

This section invests the trustees with the requisite power to 
raise funds by an annual tax, (within certain limits), to erect school 



42 NOTES AND SL'GGESTIONS. 

houses, provide fuel and make repairs, and indemnify, to a certaia 
extent, persons who have aided by donation or taxes in the erec- 
tion of school houses five years previous to June, 1^552, and it also 
requires the assessment of a special tax to liquidate debis pie- 
viously contracted for the erection of houses since 185'2. The 
tax for the first named purpose will be insuliirient in most cases to 
meet the exigencies of the township, and therefore the law au- 
thorizes them to accept of advanced taxes in the shape o dona- 
tions from persons disposed to show their public spirit by such 
noble generosity, and receipt for the same, which shall be deemed 
proper satisfaction, to the lull amount of sums thus advanced, of 
any school tax levied for said purpose in subsequent \ears. The 
latter is a felicitous arran^jemeui, a wise, judicious, and provident 
expedient to provide means for present exigencies, anU the former 
an equally happy one to meet certain equitable claims. To sim- 
plify this matter and close it up at once, it will be advisable for 
the trustees to ascertain the amount of such claitns on the part of 
citizens, if any persons are not willing to reloiquish them, or to 
take a less per cent, on said donations or taxes, and include it in 
the aggregate sum to be provided by the aforesaid lax. This will be 
the simplest and most equitable and satislactory method of disposing 
of this matter in accordance with the spirit and import oi the law. 

ISECTION 10. 

Township school reports will hereafter be made to the county 
auditors alone. It is impor ant that the trustees should act 
promptly in the matter of enumeration, and aim at perfect accu- 
racy in the numbers reported. These reports will be less perplex- 
ing to prepare, and it is to be hoped that no reasonable pains will 
be spared not only to have them promptly turni>hed by the tinie 
specified, but also stiictly c«)rrect. It will be borne in nnnd by the 
trustees that the choice of school district is not to be an annual, 
but ?L permanent choice; and it will be well to inform every parent 
or guardian, at the time of making the enumeration of the per- 
manent character oi the prelereiice ihus to be expressed, so that 
there shall be no just cause of complaint on the part of any. The 
me i hod of forming school districts specified in this section, gives 
ample scope for liberty, and if the choice is wisely and judiciously 
made, no citizen can justly complain of being arbitrarily asso- 
cinied with those with whom he does not sympathize. VVnile it is 
liable to abuse, it is al>o susceptible «>f such exercise as will great- 
ly (!oi.duce to harmony, efficient and successful co-opejation. 

A specimen form of taking the enumeration required by this 
section, will be found among the foims preceding ttiese annota- 
tions 

SECTION 13—17. 

The simplest method of securing the purpose of these provi- 
sions, w ill be for the trustees of the township to which any persons 



NOTES AND SUGGESTIONS. 



43 



have been thus transferred, lo enrol them as members of iheir re- 
spective districts, and ever after take the enumeration of their 
children and assess the township tax on their prt)perty as specitied 
in sections 16 and 17. Tfie cases contemphited in the latter sec* 
lion can be conveniently disposed of by the trustees of the town- 
ship to which they have been transferred, ascertaining from the 
auditor of the county in which said transferred persons belong, 
the amount of a given tax on the property of the said individual, 
as hmited by section 17. 

SECTION IS. 

It is to be hoped that auditors will act promptly in the cases re- 
quiiing such action. Prompt and decided measures will secure 
othciai fidelity in future more effectually than any other course. 

SECTION 21. 

The purpose and provisions of this section are more fully speci- 
fied in a supplementary statute that will be lound on pages 2S-'9 of 
this pamphlet. 

SECTION 23. 

The proper form of such report will be found on page 3t5. A 
rigid adheieiice to the requisitions ol this section on the part of 
the trustees, will always stcure them ample materials for their ed- 
ucational report to the auditor. 

SECTION 26. 
I 

A prompt discharge of the duties enjoined in this and previous 
sec ions will secure full, reliable, and valuable statistical informa- 
tion for the superintendent to use and enibody in his annual re- 
pot t. If each, in his respective sphere, promptly does his duty, 
every one will be entitled to his ap[.ropiiate shaieof the plaudit, 
** well done." 

SECTION 27. 

This section secures to every chila a right which has hitherto 
been unrecognized and unatlained by any other educational code. 
The trustees will take special pains to carry out the provisions of 
this section. 

SECTION 88. 

For obvious and important reasons the reports called for in this 
section should be prepared at the lime they now are — the first of 
March. The continuance of this custom is not necessarily incon- 



44 



NOTES AND SUGGESTIONS. 



sistent with the requisitions of the 90th section. The county 
boards are required by said section to subject the action, books, 
and reports of the auditor and treasurer, in respect to the school 
funds, to a thorough scrutiny nt their first session after the distri- 
bution of the common school fund the third Monday of May. 
The said report should be prepared immediately before the annual 
settlement of the county treasurer with the auditor, the third 
Monday of March, i>o that the reports required by sections 95 and 
99 may be furnished the State Superinte dent as the basis of 
the statement required of him by section 97. 

SECTIONS 95 AND 96. 

These two sections were formed with their present minuteness 
in reference to an equalizat'on of the common school fund by coun- 
ties. That equalization not being incorporate i in the law, ihey 
were retained in a conneciion obviously not requiring such partic- 
ularity of report to the Supeiintendent. The information mvolved 
must be in possession of the Auditor to direct his own actions in 
adjusiing the township e'|ualization required by section 101. The 
results contained in such a report will be important and valua- 
ble to the department, and will be i!iCv.>rporated in a compendious 
form with the county auditor's report of school funds. 

SECTION 97. 

To enable the Superintendent to discharge the duty required of 
him by this section, promptness and accuracy on the part o^ every 
county auditor will be itidispensable. The amount of the school 
tax and delinquencies of former years paid and on h nds the second 
Monday of April, must be known as ihey ai-e impDrlant elements 
in the amount to be apportioned. 'J'he information lequired by 
section 95 will not be needed till the amount of the said tax and 
delinquencies can be ascertained, and thei'eiore the spiiit of the 
statute would demand that the requisite time for obtaini g all the 
sums composing the aggiegate to be disbursed to the counties, 
should be given to coiY)plete a full report in the premises, i'he re- 
port of the interest of the school funds, embracing also the amount 
of school tax, should be forwarded on or before the second Mon- 
day of April. This arrangement will give the Auditors three ueeks 
and the Superintendent two loeeks to prepare their respej^iive re- 
ports. 

SECTION 101. 

The requisitions of this section will so far secure the equaliza- 
tion of the school funds that, with perhaps the exceptions of a 
very few townships, there will be an equal enjoyment on the part 
of the youth of the commonwealth of the educational provisions 
both of the National and State governments. The Auditors will 



NOTES AND SUGGESTIONS. 45 

find no trouble in adjusling this apportionment, without the labor 
of giving, in detail, the specific amount of each township's share 
of the two lunds, if they will ascertain what the whole amount of 
school funds, both special and common, for the county, on a j)er 
capita division, will give each schohir, and then ascertain whether 
any township's school section wdl yield a lai'ger dividend to its 
children. It any township should have a larger aniount, exclude 
its number of children and the income of its sciiool section i'und 
from the calculation, and proceed witli the other towns on the con- 
solidation basis of distribution. The design oi this equalization \s 
to secure what the infelicitous phraseology of our contiact with 
the general government, in refeience to school grants, has depjivetl 
our youth, but which the present method of bestowing the educa- 
tional dower on our younger sisters evidently shows was the pa- 
rental purpose and intent of Congress, in ti'.e educationnl outfit 
which the older sisters received at her hands on reaching their 
majority. 

In illustration of the above suggestions on the method »>f distri- 
bution, a case may be presented as follows, viz: 

i« Con5ity, Congressional Township, 

A. has 300 childieii and §375 Cuugres iuiial township fund =$1 25 p*-r scholar. 

B. " 200 " 150 " ' " = 75 *' " 

C. •' K4 " 42 " '• " = 50 '* " 
t). ' 400 " KiO " " " = 25 * 

E. •' 250 " '■' li i. _ _ .. .. 

The last four townships have 934 children and .f292 of congres- 
sional I'und. The common school fund of the county amounts to 
$875 5l), which, added to their $*2^ri, school section fund, will 
make an aggregate of $1,167 50. This will give them on a pro 
rata division, ^i 25 per scholar — the same sum that township A. 
receives from her school section lur»d — in which case tlie same re- 
sult is secured either with or with >ut consolidation of A's. num- 
ber of children and funds with those of the other townships. But, 
if the county common school fund be only $828 80, the last four 
townships would get only $1,120 80, which would be but $1 20 
per scholar, a sum less tlian township A. derives from her school 
section fund, which must not, according to the lOlst section of the 
revised law, he diminished by any process of distribution. Hence 
the propriety of ex' luding A's. number of children and also her 
amount of special fund from the said calculation. 

SECTIONS 102—111. 

The creation of the office of district director is a new feature in 
our system, and was designed to devolve a certain class of the 
lovvnship trustees' duties, which might very properly and with 
more promptness be discharged by a local agent in each district, 
on a person chosen by the peo{)le of the locality immediately in- 
terested. This office, if wisely filled, will contribute in no slighl 
degree to meet the wishes and gratiiy the partialities ol the advo- 
cates of the old district system without impairing the vitality of the 



46 NOTES AND SUGGESTIONS. 

township principle of the present statute. The provisions of some 
of the included sections are such as must necessarily be canied 
out with becoming prudence, else their power for good will be- 
come potent only for evil. 

Much will depend on the energy, intelligence, and promptness 
of the district director. It is to be hoped that no one will accept 
the otiice without the settled purpose wisely and promptly to pro- 
vide ihe requisite fuel, make the temporary repairs, take care of 
the house, and aid in procuring a competent teacher for the dis- 
trict. Let there be awakened a generous rivalry among the dis- 
tricts in respect to the appearance, condition, and comfort of their 
respective houses, and the elevation and refining influence ol* their 
schools. It should not be forgotten that the external appearance of 
the school premises will be no insignificant index of the character of 
the internal administration. It must be remembered in the settle- 
ment of the studies to be introduced in the school, that the Eng- 
lish language must be taught, and that no majority can deprive any 
minority, however small, of the appropriat^^Tneans of instruction 
in all the branches comp )sing the common school course. Sup- 
plementary st!;dies may be legally added by vote of the district, if 
instruction in thnm can be imparted without any interference with 
due attention to the piogress of pupils in the ordinary course. 
Sections 149 and 150 confirm the correctness of the above exposi- 
tion. 

Frequent visits of the director and his prompt and efficient co- 
operation with the teacher in m:iintaining thorough discipline, and 
a cordial sympathy with both teacher and taught, will add much 
to the success of the enterprise. 

SECTION 129. 

As the library, judiciously selected, cannot fail to prove an effi- 
cient department in our educational system, it is obviously neces- 
sary that its gradual increase should be steady, uniform, and reli- 
able. The proviso in this section is an infelicity that cannot fail to 
attract the attention of every careful observer and suggest the 
employment, at the proper time, of the appropriate means for its 
correction. The cominuance of the present appliance for three or 
four years would place in every one of our nine hundred and t/iir- 
ty-ei^ht townships a library of from three hundred to three thou- 
sand volumes of rich and varied leading. 

SECTION 131. 

A catalogue of the books received from lime to time should be in 
the hands (j{ the township clerk, with the price annexed, so that 
the proper charge may be made for the loss or damage done any 
volume. Such a bill of the cost of books will be furnished with 
the next distribution. In adjusting such losses the equitable 
method, in case the volume lost or damaged belongs to a set, will 



NOTES AND SUGGESTIONS. 47 

be for the person to whom the volume was charge ^ to take the 
remaining volumes of the set and pay the estimated worth of the 
same. The reason of this requisition is that isolated volumes of a 
given work cannot be purchased separately. In adopting rules 
and regulations for the delivery and rt- turn of books, regard should 
be paid to the various interests involved. A jiiven day of the week 
and the hours of said day should be specified for the convenience 
ot all concerned. The length of time a book may be retained 
should be judiciously adjusted, and it should not be too brief nor 
too protracted a period. Damage done the books should be faith- 
fully noted and settlement promptly made. 

SECTION 135. 

The purpose of this section is obvious, and the exercise of the 
power conferred is wisely left to the discretion of the trustees. It 
will involve more trouble, expense, and respon>ibility to deposit 
the library at two or three points, but there will be cases occa- 
sionally in which that course might, and, indeed, should be adopt- 
ed. The expense of library cases and librarians* services will be 
an appropriate township charge. 

SECTION 146. 

Great care should be taken that the requisite number of exam- 
iners in each county should be appointed, and that said appoint- 
ment should be promptly and judiciously made both in reference 
to personal qualifications and residence of said appointees. Large 
and populous counties should have the full compliment. 

SECTION 147. 

A certain degree of discretionary power is necessarily lodged 
with the examiner in reference to the fitness of the individual ex- 
amined to teach in given localities, and for a limited period. The 
exercise of this discretion will not unfrequently be called in requisi- 
tion. No specific rules can be given lor guidance in such cases, 
but the judgment of the examiner must determine. Tl»e branches 
named in seition 149 constitute the minimum amount of know- 
ledge required of a teacher. M>re will always be c f service, al- 
though less may occasionally meet the necessities of some locali- 
ties. A license to teach has no validity out of the county in which 
it was issued. 

SECTION 157. 

Uniformity of text books is a matter of no small moment to the 
purses of parents and the progress of the [)upih. They are the silent 
teachers directing ihe inquiries and prompting the investigations 



48 NOTES AND SUGGESTIONS. 

of the scholars and should impart uniform instruction and in the 
happiest ninnner. A wise selection of these cannot fail to be seen 
and felt in the prosperity of the schools. Trustees should not al- 
low teachers to control or dictate in this matter. The competent 
instructor is not dependent on a particular text book for ability to 
train his pupils, and can, therefore, use any good work in the seve- 
ral branches of the course. In science there will neces-aiily be pro- 
gress, and consequently a cliange of text books occasionally; but the 
text book, in niDrals is the production of an Author, whose wisdom 
infinite, whose knowledge boundless, whose benevolence unsearch- 
able, furnish no cause for dissatisfaction, no occasion for change in 
this class of manuals. The Bible without note or comment is 
installed in the common schools of Indiana. Its continuance as the 
moral class book in these nurseries ot her future citizens will as 
surely mark the period of her prosperity and grace the zenith of 
her glory, as its exclusion would prove tiie precursor of her decline, 
the herald of her shame. 



An Act to authorize the tstablishment of Free Public Schoots in the 
incorporated cities and toirns of the State of Indiana, 

It will be observed that there is great similarity between the pro- 
visions of this statute and the 2 1st section of the school law. The 
resemblance is not accidental but designed. Doubts were ex- 
pressed whether the requisite authority to accomplish all that is 
desirable in the premises could be conferred by a single section and 
the inferential provisions of other sections. The purpose of this 
separate enactment was not to dissociate the schools of large 
towns and cities from all connection and sympathy with the general 
system, but to aid and encourage in these corporations the establish- 
ment of graded schools, in the most comprehensive and emphatic 
sense, the glory and crown of the free school system, 

SECTION 1. 

The evident intention of this is to give said corporations full and 
ample power and authoj ity to establish such schools by the erection 
of appropriate structures, the provisi«)n of suitable furniture and fuel, 
and the employment of able and experienced teachers. These are 
just as essential to meet the educational wants of corporations as 
the distiict school house, and the summer and winter schools to 
supply the literary wants ot" the rural sections of the common- 
wealth. Indeed the permanent establishment and successful ope- 
ration of such schools cannot lad to exert a happy influence on all 
the schools of the adjacent region. 



NOTES AND SUGGESTIONS. 49 



SECTION 2. 

It was contemplated that private educational enterprises might 
exist in some localities, whose fusion with the public schools might 
be desirable and important to secure harmonious action and cordial 
co-operation. Hence arose the provisions for this incorporation. 

SECTION 3. 

The caveat of this section contemplates the prevention of any- 
such arrangements as shall exclude from any one department of 
such school or seminary, any pupil qualified to engage in the studies 
of said department, or, in any way, positively or constructively, to 
make the schools of said corporation anything but free and open to 
the children of all its citizens. 

These notes and suggestions have been appended to the School 
Law for the purpose of elucidating the import and purpose of the 
statute in some of its more important points, as understood by the 
Superintendent from his intercourse with the framers of it, their 
expressed opinions in drafting its provisions, and the language 
; dopted to express those views. It is no part of the object of their 
preparation to express opinions favorable or adverse to the constitu- 
tionality of any of its provisions. To determine these matters is 
the peculiar province of the courts. 

With no claim to profoundness, no pretention to originality, 
and no assumption of perfection, they are commended to the can- 
did consideration of all who may have occasion to consult them, 
CALEB MILLS, 

Superintendent of Public Instruction. 



S.L.— 4. 



1 N 1) E X 



BEC 

Auditor of State, to prescribe forms for County Auditor 89 

" of County, duties to State Superintendent , 26, 92, 95 

" " in loaning of Principal School Funds 58,59,156 

" Report of loans, to County Commissioners 88 

" " to State Superintendent 95 

" " conients ot 96 

" •' account with each congressional township 153 

" duty in reference to township tax 15 

" pay of 93 

Board, State, of Education. Who constitute it, and duty 157 

'* " shall order distribution of libraries 13S 

'' County Commissioners, duly in regard to County Auditors and Trea- 
surers 90 

Board County Commissioners, shall examine their accounts 91 

" '^ '• dispose <,f said report 92 

" " duty in connection with Auditor and Trea- 
surers 138 

Board Couniy Commi'Sioners, may summon trustees before them 139 

•' *' " may correct their books 140 

" " " must appoint examiners 149 

" *' " must conform certain boundaries 151 

Clerk, duties of 5 

Couniy Treasurers, duties to Superintendent 99 

" " duties in regard to distribution 101 

" " pay of 93 

Directors, how chosen 102 

" may call meeting 103 

*• duties of 108, 109, 110 

Examiners, their duty 147 

Enumeration, of children in townships 10 

" to whom reported 11 

" in congressional township 12 

•' how made when trustees neglect it 18 

Fees in case of mortgages and loans 94 

Fund, common, composed of what 2 

*• •' counties liable for 3 

Incorporated towns and cities, powers of 21 

Libraries, in whose charge 133 

•' who responsible 134 

" where kept 135 

accessib e to whom 136 

" when open 137 

License, what to specify. 148 

Pupils expelled, for what length of lira* Ill 

fechool meetings, notice of 104 

'* " powers of 105 

*• " duties when petitioning for repairs, &c 105 

School Fund, loan of. how effected, time of, per cent, of surety and satisfac- 
tion therefor 58— 7« 

School Fund, refunded by sale of mortgaged premises 79—83 

" " " by re-sale of same bought in 83—87 

Schools, of equal length 27 

'• designated by numbers 102 

*' lengih of term of three months 152 

" taught in English language 150 

School Lands., under whose control, 28 

" " may be leased, 29 

'* ** proceedings on petition to sel. 32—37 

*• *' sale directed by whom, 3t 



52 



INDEX. 



8KC. 

School Lands, sale, terms of 39 

" forfeiture of contract and re-sale ..../.. 40, Al 

'■'• '• original contract revived 42 

" " waste of and suit in consequence '. 43,44 

'■ •' private jale thereof, title, and right of purchase 45 — 47 

" " damages for failure of first payment therefor 48 

" " certificate of purchase, when valid 49 

" " purchase money, how retained, when paid, &c 50 — 54 

" '• deed and acknowlelging the same 55,56 

" " petition to sell in absence of a vote 57 

State Superintendent, election, expenses, and commencement of duty ..112—114 

*' *' office, where kept 115 

« " President of State Board 118 

*• " reports, statements, and contents thereof, 97,98, 100,116. 

1-24. 128. 

'* *' superintend purchase of libraries, 11§ 

•' " shall furnish them with certain acts and reports, .123—126 

•' " receipt to Treasurer therefor 127 

" " visit e^ch county, hew often 117 

♦' " determine appeals 120, 143 

" " prepare and transmit forms 122 

'• " may require information from officers 121 

State Superintendent may license teachers 124 

Tax may be assessed 1 

" purpose 9 

• how collected 16 

" Hon- assessed in case of persons transferred 17 

" for dbrary 129 

" how applied 130 

" to whom paid 131 

Teachers, character and qualification 145,149 

♦' employed by whom 8, 107 

•* duty of in respect to reports 23, 24 

Townships, civil, how they may be considered 4 

" suits against 141, 142 

Trustees, township, duties of •••• 6 

" mnst report to County Auditor 25 

" may transfer pupils from one township to another 13 

" may transfer congressional fund therewith 14 

" have care and custody . f 16th section when divided 30 

" have power of landlord 31 

" sell land on which sciool house stood 153 

" may return purchase money, when 154 

" shall publish a statement of all proceedings 22 

" action against 19 

" penalty against 20 

" when notheld for costs 144 

ACT TO AUTHORIZE FREE PUBLIC SCHOOLS IN INCORPORATED 
TOWNS A^B CITIES. 

3EC. 

Towns and cities atitio-ized to establish and support public schools 1 

*' '' may levy ta.xes for their support 1 

•' " may recognize o.her schools and seminaries as a part cf 

their system 2 

Limitation of said recognition 3 

Taxes, how levied and collected 4 

Time of this law taking effect 5 



LIBRARY OF CONGRESS 



020 312 011 4 § 



i 



